If you’ve faced unpaid wages, lack of overtime, or other wage violations at work, know that you have rights, as well as options for taking action. Filing a wage and hour claim is a way to seek justice for violations related to minimum wage, overtime, and other wage violations under labor laws.

Understanding Wage and Hour Claims in New York

A wage and hour claim is a formal complaint filed by an employee to address wage violations. The U.S. Department of Labor’s Wage and Hour Division (WHD) oversees these claims and enforces the Fair Labor Standards Act (FLSA), which sets national standards for minimum wage, overtime, and child labor. In New York, additional labor laws protect workers’ rights, including state minimum wage laws and provisions for paid breaks.

Filing a claim can address issues such as:

• unpaid wages, including unpaid overtime;
• minimum wage violations; and
• wage theft, unauthorized deductions, and improper classification of workers.

Identifying Violations

Understanding common wage and hour violations can help you decide if filing a claim is necessary. Unpaid wages are one of the most frequent issues, involving employers who fail to pay for all hours worked, including overtime. Minimum wage violations are also common, particularly in New York, where regional minimums apply. If you’ve been paid below the mandated rate, you may be owed back pay.

Overtime violations occur when non-exempt employees don’t receive 1.5 times their normal rate for hours over 40 in a week. Employers sometimes try to avoid paying this by misclassifying employees as exempt or as contractors. Misclassification itself is a serious violation that denies workers proper wages and benefits.

Gathering Necessary Documentation

To strengthen your claim, gather essential documents before you file a wage complaint. This may include:

• Pay stubs and time sheets: These are primary evidence of your working hours and wage rates.
• Employment agreement: Any contract outlining terms of your employment can be helpful.
• Employer’s contact information: Provide your employer’s address, phone number, and the name of a relevant supervisor or manager.
• Other records: Documentation of communications regarding unpaid wages or other wage disputes can support your case.

Providing detailed information about your job role, wage rate, payment schedule, and the dates of the alleged violations will make it easier for investigators to assess your claim.

Knowing the Time Limits for Filing in New York State

Time limits matter when filing a wage and hour claim. In New York, claims for unpaid wages and overtime generally have a six-year statute of limitations, giving employees time to act on prolonged or repeated violations. Federal law, however, enforces a shorter timeframe, with most wage claims limited to two years and extended to three years only in cases of “willful” violations, where an employer knowingly disregards wage laws. You should not delay in attempting to address or filing any claim if a violation is suspected.

Filing a Claim with Your Employer

Sometimes, resolving a wage issue directly with your employer may be possible, even preferable. Start by addressing your concern with the human resources department or a manager. Request any owed wages or corrections to improper payments in writing, and keep copies of these communications.

If this step doesn’t lead to a resolution, filing a formal claim may be necessary. Keep in mind that retaliation for filing a claim is illegal, and the Department of Labor offers protections against such actions.

Contacting the Department of Labor in NYS

If your employer fails to resolve the issue, you can file a formal complaint with the USDOL WHD or the NYS Department of Labor. Ways to file your wage claim include:

• File a complaint online: Visit WHD’s official complaint portal to file an online wage complaint.
• File by phone: Call the toll-free WHD hotline at 1-866-487-9243 to file your complaint and ask questions.
• In person: Many cases benefit from speaking directly with an investigator. Locate your nearest WHD office for in-person assistance.
• By mail or fax: In New York state you can mail your complaint to:
  • Division of Labor Standards
    Harriman State Office Campus
    Building 12, Room 185B
    Albany, NY 12226

After filing, your complaint will be routed to the appropriate field office, and you’ll receive follow-up contact. If there is enough evidence to support your claim, you could be eligible for back pay to recover unpaid wages.

Speak With a Lawyer Today

While you can file a claim independently, working with an employment attorney can be extremely helpful, especially for complex cases or if your employer disputes the claim. An attorney can ensure all your documentation is accurate and that you meet any legal deadlines. A lawyer can also represent you if your case advances to court, fighting to help you secure the best possible outcome.

Knowing your rights and following the proper steps can make all the difference in recovering what you’re owed. Contact us to schedule a consultation today.

For employers protecting their interests or employees looking to safeguard their rights, professional legal advice offers peace of mind and legal certainty. Our knowledgeable employment attorneys can assist with making your contracts clear, comprehensive, and enforceable. Call 8885294543 or contact us online today for a consultation to discuss your employment agreement needs and secure a healthy employment relationship.

Amanda Smith, Esq. is a Partner in Tully Rinckey PLLC’s Buffalo office, where she focuses her practice on Federal and State Employment and Labor Law.